Volume 17, Issue 3 (2013)
CLR 2013, 17(3): 135-158 |
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Niazi1 A, Badini2 H. The study of the Responsibility of "Akheze be Som" with Comparative Study. CLR 2013; 17 (3) :135-158
URL: http://clr.modares.ac.ir/article-20-12345-en.html
URL: http://clr.modares.ac.ir/article-20-12345-en.html
1-
1. Ph.D. Student, Department of Law, Isfahan University, Isfahan, Iran
2- 2. Associate Professor, Department of Law, University of Tehran, Tehran, Iran
2- 2. Associate Professor, Department of Law, University of Tehran, Tehran, Iran
Abstract: (9464 Views)
"Akheze be som" is the obtaining of a sample goods from the seller in order to study the goods and enter negotiations thereafter for the purchase of the same. We want to know if the goods in the customer's hand are trust things or has he an absolute liability, namely dose he undertake to give back the goods safely or pay the price of them? There are different doctrines in this object; however, for the correct answer, we should know that when the seller gives the goods to the customer, there is an implied condition that the customer must give back the goods safely or pay the price of them, and the customer must accept this condition.
This fundamental contract requires the customer to do so; hence, the circumstances are different from the time when a person gives a thing to one for trusting because the owner has a different intention.
Received: 2013/04/23 | Accepted: 2013/12/21 | Published: 2013/12/21
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